section 1204 of this titlesection 1401 of this titleUpon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title would be qualified for retirement under but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under .
Aug. 10, 1956, ch. 1041 70A Stat. 94 Pub. L. 99–145, title V, § 513(a)(1)(B)99 Stat. 627 Pub. L. 99–661, div. A, title VI, § 604(d)(2)[(B)]100 Stat. 3876 (, ; , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
1205 | 37:272(c) (clause (5)). | Oct. 12, 1949, ch. 681, § 402(c) (clause (5)), 63 Stat. 818. |
section 1204 of this titleThe first 52 words are inserted for clarity and are based on the rule stated in , which restates that part of 37:272(c) relating to retirement for physical disability. The revised section incorporates by reference those provisions which are identical for retirement and for placement on the temporary disability retired list. This is possible, since 37:272(f) applies to placement on the temporary disability retired list as well as to retirement (see opinion of the Judge Advocate General of the Army (JAGA 1953/1900, 9 Mar. 1953)).
Editorial Notes
Amendments
Pub. L. 99–6611986— struck out “; disability from injury” after “30 days or less” in section catchline.
Pub. L. 99–1451985— inserted “and stable” after “determined to be of a permanent nature”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–661section 604(g) of Pub. L. 99–661section 1074a of this titleAmendment by applicable with respect to persons who, after , incur or aggravate an injury, illness, or disease or die, see , set out as a note under .